Category: High Courts
Penalty for failure to pay advance income tax by trust claiming exemption u/s 11 upheld when for last forty years, income was held to be taxable by ITAT- High Court ABCAUS Case Law Citation: ABCAUS 2017 (2017) (08) HC The Substantial Question of Law framed for determination: …
For registration u/s 12AA only objects and genuineness of activities are relevant considerations. Failure to prove genuineness of donation or loan can not lead to negative inference. High Court approves ITAT view ABCAUS Case Law Citation: ABCAUS 2016 (2017) (08) HC The Substantial Question of Law framed for …
Kerala High Court allows Petitioner manual ITR filing without Aadhaar-Enrolment ID The Hon’ble Kerala High Court has directed the Income Tax Officer to allow a petitioner to file IT returns through manual filing without insisting on Aadhaar number / Enrolment No., pending disposal of the writ petition. This …
Statements recorded u/s 132 (4) do not constitute incriminating material by themselves for the assumption of jurisdiction under Section 153A – Delhi High Court ABCAUS Case Law Citation: ABCAUS 2015 (2017) (08) HC The Substantial Question of Law framed for determination: Whether having regard to the materials seized …
Reopening notice us 148 against amalgamated company was void ab initio as on that day the company was not in existence. Even if Department was not aware of that fact, will not make any difference to the legal position – High Court ABCAUS Case Law Citation: ABCAUS 2013 …
Section 68 not attracted to amount representing credit purchases. Findings of ITAT upheld by High Court ABCAUS Case Law Citation: ABCAUS 2012 (2017) (08) HC The respondent assessee was a Government Contractor in the business of road construction. His return of income was selected for scrutiny and …
If accounts are audited AO has to explain the rejection of profit with sufficient clarity. When there are audited accounts of an entity and the calculation of the GP ratios hinges upon their analysis, the AO should not lightly undertake an exercise that would amount to negating those …
Limitation period for revision Petition 264 starts with service of intimation u/s 143(1) and not from the date when assessee comes to know about the processing of the return – High Court The expression ‘the date on which he otherwise came to know of it’ as per section …
Rejection of technical bid due to curable defect of missing notary stamp on some of the tender documents held as untenable and bad in law. The Bidder acted in a capricious manner resulting in discrimination. Delhi High Court ABCAUS Case Law Citation: ABCAUS 2009 (2017) (07) HC The …
Reopening reasons must explain what material was not disclosed which the assessee ought to have disclosed. Explanation-1 of section 147 do not relieves AO of burden of demonstrating the assessee’s failure. Delhi High Court explains the jurisdictional requirement of reopening of income tax cases u/s 14/148 post amendment …
